Eastern District of California • 1:26-cv-03903
(HC) Rodas Mendez de Escobar v. Chestnut
Completed
Case Information
Filed: May 20, 2026
Assigned to:
Micah Wj Smith
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus
Completed: May 28, 2026
Last Activity:
May 29, 2026
Parties:
View All Parties →
Docket Entries
#1
May 20, 2026
PETITION for WRIT of HABEAS CORPUS against Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin by Hilda Sucely Rodas Mendez de Escobar. (Filing fee $ 5, receipt number ACAEDC-13353032) (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Civil Cover Sheet)(Seay, Misha) (Entered: 05/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 20, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Hilda Sucely Rodas Mendez de Escobar. (Attachments: # 1 Points and Authorities, # 2 Declaration, # 3 Proposed Order, # 4 TRO Checklist)(Seay, Misha) (Entered: 05/20/2026)
Main Document:
Temporary Restraining Order
#3
May 20, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JPX) (Entered: 05/20/2026)
Main Document:
Immigration New Case Documents
#4
May 20, 2026
EO: The court has received and reviewed Petitioner's Petition for Writ of Habeas Corpus, Dkt. No. 1, and Motion for a Temporary Restraining Order, Dkt. No. 2 . The petition appears to raise legal issues addressed by several decisions in this court and others, including whether Petitioner's due process rightshave been violated. See, e.g., A.J.S.M.P. v. Mullin, No. 1:26-cv-03163-MWJS, 2026 WL 1190220 (E.D. Cal. Apr. 29, 2026); AbdoulayeD. v. Warden, California City Corr. Ctr.,No. 1:26-cv-03015-MWJS, 2026 WL 1103597 (E.D. Cal. Apr. 23, 2026); Sergio D.L.S. v. Warden, California City Corr. Ctr., No. 1:26-cv-02821-MWJS, 2026 WL 1049713 (E.D. Cal. Apr. 17, 2026); Vikrant S. V. Warden, No. 1:26-CV-02780-MWJS, 2026 WL 1235115 (E.D. Cal. May 5, 2026). Given the substantial percolation of these issues, the court intends to rule directly on the Petition. See28 U.S.C. §2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require.").On or before May 22, 2026, Respondents are ORDERED TO SHOW CAUSE as to whether there are any factual or legal issues in this case that render it distinguishable from prior orders such as the ones listed above and justify denying the Petition, or indicate this matter is not substantively distinguishable. To the extent Respondents choose to argue that this case is distinguishable because Petitioner apparently was ordered removed in absentia over 22 years ago, in September 2003, they should address why the 90-day removal period under 8 U.S.C. § 1231 would not have expired by this point. See, e.g., M.L.G.G. v. Wamsley, Civ. No. 6:25-cv-02012, 2025 WL 3539183, at *3 (D. Or. Dec. 10, 2025) ("[T]he removal period runs from the time the removal order becomes administratively final and not from the time the noncitizen is taken into custody."). Petitioner may file a reply on or before May 26, 2026. This matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. Pending the court's decision, and unless and until the court orders otherwise, the court ORDERS that Respondents shall not transfer or otherwise take petitioner out of the Eastern District of California. See California Energy Comm'n v. Johnson, 767 F.2d 631, 634 (9th Cir. 1985) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue writs of mandamus necessary to protect their prospective jurisdiction."). IT IS SO ORDERED. (JUDGE MICAH W. J. SMITH) (ab) (Entered: 05/20/2026)
May 20, 2026
Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings
#5
May 21, 2026
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Hilda Sucely Rodas Mendez de Escobar for attorney Ruben Loyo to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-13356087) (Attachments: # 1 Illinois Bar Admission Certificate) (Seay, Misha) (Entered: 05/21/2026)
Main Document:
Application for Pro Hac Vice and Proposed Order
#6
May 21, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Sean Davis, GOVT for Sergio Albarran,Sean Davis, GOVT for Todd Blanche,Sean Davis, GOVT for Christopher Chestnut,Sean Davis, GOVT for Markwayne Mullin (Davis, Sean) (Entered: 05/21/2026)
Main Document:
DESIGNATION
#7
May 22, 2026
Order on Application for Pro Hac Vice
#8
May 22, 2026
RESPONSE by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin to 4 Minute Order,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. (Attachments: # 1 Exhibit Warrant of removal)(Davis, Sean) (Entered: 05/22/2026)
Main Document:
RESPONSE
#9
May 26, 2026
REPLY by Hilda Sucely Rodas Mendez de Escobar re 8 Response,. (Seay, Misha) (Entered: 05/26/2026)
Main Document:
REPLY
#10
May 28, 2026
Order AND Order on Motion for TRO
#11
May 28, 2026
Judgment AND ~Util - Terminate Civil Case
Main Document:
Judgment AND ~Util - Terminate Civil Case
#12
May 29, 2026
MEMORANDUM by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin re 10 Order,,, Order on Motion for TRO,,. (Davis, Sean) (Entered: 05/29/2026)
Main Document:
MEMORANDUM
Parties
Chestnut
Party
(HC) Rodas Mendez de Escobar
Party